3 3 09 Clerk's Skeleton NotesCITY COUNCIL REGULAR SESSION, MARCH 2, 2009
COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE HISTORIC FEDERAL
CITY MANAGER VAN MILLIGN; CITY ATTORNEYtLINDAHL
ABSENT:
PLEDGE OF ALLEGIANCE
INVOCATION: Deacon David McGhee, Nativity Catholic Church
C®NSENT I°fEMS
dyes Nays
Connors
~~` Jones
~',' ° Lynch
Jr. ~ Resnick
Voetberg
~` Craig
,~' uol
1. Minutes and Reports Submitted
City Council of 2/16 (Special and Regular Meeting), 2/17, 2/19, and 2/23
Proofs of publication of City Council Proceedings of February 2, 9 and 10, 2009
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
Tim J. Kramer for property damage; Debra A. Heim for property damage; Peter M. and
Sarah A. Ross for property damage; Denise Hoag for property damage; State Central
Bank vs. City of Dubuque, et al; Charlotte A. Hansen for vehicle damage; Rowena
Boyer for property damage; Rodney C. Miller for property damage
Suggested Disposition: Receive and File; Refer to City Attorney
City Attorney advising that the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Noreen
Engelken for personal injury; Nicole Lammer for personal injury; Mark W. Sarazin for
property damage; Suellen Flynn for vehicle damage; Jennifer Ney for vehicle damage;
Gordon Dailey for vehicle damage; Charlotte Hansen for vehicle damage; Tim Kramer
for property damage; Debra Heim for property damage; Denise Hoag for property
damage; Peter Ross for property damage; Rowena Boyer for property damage
Suggested Disposition: Receive and File; Concur
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3. Iowa League of Cities
Communications from Alan W. Kemp, Executive Director of the Iowa League of Cities,
advising of the following appointments: Mayor Roy Buol to the National League of
Cities Energy, Environment and Natural Resources (EENR) Committee, Council
Member Dirk Voetberg to the Community and Economic Development (CED)
Committee, and Council Member Joyce Connors to the Human Development (HD)
Committee.
Suggested Disposition: Receive and File
4. Acquisition Plat -Devon Drive
City Manager recommending approval of the acquisition plat for additional right-of-way
on Devon Drive at Dodge Street (US Highway 20) which is necessary to construct a
right-turn lane on the west side of Devon Drive at Dodge Street.
RESOLUTION ~` Approving the Acquisition Plat of a part of Lot 1 of Tranel
Place in the City of Dubuque, Dubuque County, Iowa, and accepting the dedication of
right-of-way for Devon Drive (Lot A)
Suggested Disposition: Receive and File; Adopt Resolution
5. Intermodal Facility Location Study -Consultant Professional Services
City Manager recommending approval of the issuance of a Request for Proposals
(RFP) for engineering services required to design the Port of Dubuque Intermodal
Transportation Center.
Suggested Disposition: Receive and File; Approve
6. Land and Water Conservation Fund (LWCF) Grant Agreement
City Manager recommending approval of a Land and Water Conservation Fund (LWCF)
grant agreement for the E.B. Lyons Interpretive Center Expansion.
RESOLUTION .~~~,~ Approving a LWCF grant agreement with the Iowa
Department of Natural Resources for the E.B. Lyons Interpretive Center Expansion.
Suggested Disposition: Receive and File; Adopt Resolution
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7. Miller Riverview Park -Management Agreement
City Manager recommending approval of the Management Agreement for camping at
Miller Riverview Park with Kenneth M. Clayton.
Suggested Disposition: Receive and File; Approve
~. Sunker Hill Golf Course -Management Agreement
City Manager recommending approval of a Management Agreement with G.M.S., Inc.
(George Stephenson) for the Bunker Hill Golf Course for the period beginning March 1,
2009 and ending November 30, 2009.
Suggested Disposition: Receive and File; Approve
9. SRF Loan Agreement -Water Pollution Control Plant Rehabilitation Project
City Manager recommending approval of the suggested proceedings approving and
authorizing a form of Interim Loan and Disbursement Agreement and authorizing the
issuance of a Project Note to the Iowa Finance Authority.
RESOLl1TION `" ~ Approving and authorizing a form of Interim Loan and
Disbursement Agreement by and between the City of Dubuque and the Iowa Finance
Authority, and authorizing and providing for the issuance and securing the payment of
$3,200,000 Sewer Revenue Capital Loan Notes Anticipation Project Note, Series 2009,
of the City of Dubuque, Iowa, under the provisions of the Code of Iowa, and providing
for a method of payment of said note
Suggested Disposition: Receive and File; Adopt Resolution
10. Alcohol Compliance -Civil Penalties for Alcohol License Holders
City Manager recommending approval of the Acknowledgement/Settlement Agreements
for a first offense alcohol compliance violation for Fat Tuesdays and The Lounge.
Suggested Disposition: Receive and File; Approve
Ayes luays
Connors
Jones
Lynch
Resnick
Voetberg
Sraig
uol
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11. Dubuque Stamping and Manufacturing, Inc. -Development Agreement
City Manager recommending approval of a Development Agreement with Dubuque
Stamping and Manufacturing, Inc., who will be expanding their operation at the Jackson
Street facility, adding 10 new jobs and retaining 161 positions.
RESOLUTION ~ Approving a Development Agreement for the expansion of
Dubuque Stamping and Manufacturing, Inc., at the Jackson Street facility
Suggested Disposition: Receive and File; Adopt Resolution
12. Community Economic Betterment Account Contract (CEBA) -Morrison Bros.
City Manager recommending approval of a contract among the Iowa Department of
Economic Development and Morrison Brothers for Community Economic Betterment
Account Program (CEBA) and Enterprise Zone benefits for their expansion that will
retain 97 jobs and create 10 new positions.
RESOLUTION ~=°~~ Approving a contract with the Iowa Department of
Economic Development and Morrison Bros. Co. for Community Economic Betterment
Account (CEBA) and Enterprise Zone (EZ) benefits on behalf of Morrison Bros. Co.
Suggested Disposition: Receive and File; Adopt Resolution
13. Voluntary Termination of Prudential Financial, Inc. CEBA Contract
City Manager recommending approval of a voluntary termination agreement with
Prudential Insurance Company relieving them of the commitment to create 69 additional
positions in Dubuque
Suggested Disposition: Receive and File; Approve
14. Cooper Development Company, LLC
City Manager recommending approval of a request from Cooper Development
Company, LLC to defer payments on the existing loans and the 2008 parking lot
agreement to January 1, 2010.
Suggested Disposition: Receive and File; Approve
Ayes, : Nays
,%~Connors
Jones
~;=`f,,.° , Lynch
Resnick
-~~,.~ ~ ,-~ Voetberg
,~ jBraig
-~~ Buol
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15. Dubuque Racing Association -Lump Sum Principal Payments
City Manager recommending approval of a request from Jesus Aviles, Dubuque Racing
Association, to pay down the principal on two existing loans for the period April 2009 to
November 2010, saving the DRA about $362,218.
Suggested Disposition: Receive and File; Approve
16. Dubuque Racing Association -Line of Credit
City Manager recommending approval of a request from Jesus Aviles, Dubuque Racing
Association, to establish a line of credit with American Trust and Savings Bank to fund
the Dubuque Greyhound Park & Casino remodeling project.
Suggested Disposition: Receive and File; Approve
17. Legislative Correspondence
Communication of the City Manager to area legislators urging opposition to House File
83 and Senate File 61 as the bills presume that cancer is a disease contracted while on
active duty as a firefighter.
Suggested Disposition: Receive and File
18. Prosperity Eastern Iowa -Letter of Support
City Manager submitting a Letter of Support for Prosperity Eastern Iowa's Iowa
Department of Economic Development grant application to continue to enhance the
Accessmyfuture.com web site.
Suggested Disposition: Receive and File
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19. Players Sports ar ®Liquor License Renewal
City Manager recommending approval of the annual liquor license renewal for Players
Sports Bar, 1902 Central Avenue.
RESOLUTION r `~ Granting the issuance of a Class "C" Beer/Liquor
License to Players Sports Bar
Suggested ®isposition: Receive and File; Adopt Resolution
20. Liquor License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
~~
RESOLUTION ~:~ Granting the issuance of a Class "C" Beer Permit to Hy-
Vee Gas #4 and Econo Foods #471
RESOLUTION 4"r Granting the issuance of a Class "C" Beer/Liquor License
to Bulldog Billiards, unker Hill Golf Course, and Yardarm Restaurant; a Class "B" Wine
Permit to Econo Foods #471; and a Class "WBN" Native Wine Permit to Hy-Vee Gas #3
Suggested ®isposition: Receive and File; Adopt Resolutions
Ayes Nays
Connors
Jones
Lynch
Resnick
Voetberg
Eraig
Euol
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IT MS TO BE SET FOR PU LIC H ARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
ayes Nays
~~``s .,- Connors
;` Jones
Lynch
Resnick
Voetberg
~, Braig
~; Buol
1. Excess Right-of-way -Old Mill Road and Manson Road
City Manager recommending that a public hearing be set for March 16, 2009 to consider
disposing of the City's interest in excess right-of-way purchased for the reconstruction of
Kelly Lane.
__.. ~.
RESOLUTION ~~"~~:- Of intent to vacate and dispose of City interest in Lot 1
of Old Mill Place No. 3 in the City of Dubuque, Dubuque County, Iowa, and abutting Old
Mill Road roadway easement
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
3/16/09
2. Kephart Building Improvement Project
City Manager recommending initiation of the public bidding process for the Kephart
Building Improvement Project and that a public hearing be set for March 16, 2009, to
consider approval of the plans and specifications, form of contract and estimated cost.
RESOLUTION Preliminary approval of plans, specifications, form of
contract, and estimated cost, setting date of public hearing and ordering bids for the
Kephart Building Improvement Project
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
3/16/09
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B®AR®5/C®IVIN11SS1®N
Applicants are invited to address the City Council regarding their desire to serve on the
following Boards/Commissions; applicant appointments will be made at the next City
Council meeting.
Zoning Board of Adjustment
One 5-year term through March 25, 2014 (Term of Gaspe)
Applicant: ,~
Heath Hutchinson, 221 Bradley Street y _.
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Appointments to the following Boards/Commissions:
Mechanical Code Board
Two 3-year terms through March 16, 2012 (Terms of Willenborg and Geisler)
Background/Experience requirement)
Applicants:
David Grothe, 2544 Elm Street
Corey Valaskey, 1787 Lawndale Street
,Ayes Nays
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.~°"`' Resnick
~ Voetberg
F raig
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ACTION ITEMS ~
These are items where discussion is held by the City Council -public cornrnents are not
allowed except as authorized by the Mayor.
1. Southwest Arterial Final Design -Consultant Selection
City Manager recommending approval of the consultant selection for the Southwest
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Arterial Final Design Project. ~
RESOLUTION " ~ ,~° Approving the Consultant Professional Services
Agreement for final design services for the Southwest Arterial ~~, ~¢~it
Suggested Disposition: Receive and File; Adopt Resolution
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2. Burlington Trailways f` `'~
City Manager recommending approval of the creation of a service agreement between ~'
the City of Dubuque and Burlington Trailways for lease of a building at 400 Rhomberg ~
Avenue to provide a new ticket sales location for Burlington Trailways. ~ ;
Suggested Disposition: Rece
ive and File; Approve ~ J`
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COUNCIL NIEIVIBER R PORTS
PU LIC INPUT
At this time, anyone in the Council Chambers may address the Council on matters which are of
concern to that person and which are not an agenda item. Please take your place at the
microphone and state your name and address clearly. Proceed with your comments; however,
no formal action may be taken at this time on your comments because of the notice
requirements of the Iowa Open Meetings Law.
CLOSE® SESSION
Pending Litigation and Property Acquisition -Chapter 21.5(1)(c)(j) 2007 Code of Iowa
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Motion to go into Closed Session at
AYES Nays
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Jones
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p~ r~Resnick
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Motion to ad'ourn at J,`
Ayes Nays
,Connors
Jones
,~ Lynch
Resnick
Voetberg
Braig
Buol
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